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(영문) 창원지방법원진주지원 2017.05.26 2016가단33314
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around December 22, 1990, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) on the purchase price of KRW 5,800,00 with respect to each land of the above E and F, and on May 4, 1994, the registration of ownership transfer with respect to each land of the above E and F, and the registration of ownership preservation with respect to each land of the above D land on May 4, 1994.

B. On July 16, 1990, the deceased C completed the registration of ownership transfer on the instant real estate, and the deceased C around 2009, the deceased C completed the registration of ownership transfer on February 26, 2015 due to an inheritance by agreement or division with respect to the said real estate.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, 2-1, 4-3, Gap evidence 5-1 through 3, Gap evidence 6, Gap evidence 7-1 through 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion is as follows: (a) on December 22, 1990, the part (A) part of the Plaintiff’s claim on the part of the instant land (a) connected with each point of the attached Table 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 19, 20, and 5 in sequence, among the instant land between the deceased and the deceased C (hereinafter “instant area of land”).

(2) The Defendant asserted that the Defendant should implement the procedure for ownership transfer registration on the land in the dispute as of December 22, 2010 on the ground of the completion of the prescriptive acquisition on December 22, 2010, on the ground that the acquisition by prescription was completed on December 22, 2010, since the Plaintiff’s possession of the land in the dispute as of December 22, 2010, inasmuch as the acquisition by prescription was completed on December 22, 2010 after the lapse of 20 years from December 22, 2010.

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